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Capsule Summary | p. 1 |
Actus Reus and Mens Rea | |
Actus Reus | p. 1 |
Significance of "actus reus" concept | p. 1 |
Distinguished from thoughts, words, possession and status | p. 1 |
Act must be voluntary | p. 3 |
Omissions | p. 5 |
Quiz Yourself on Actus Reus | p. 9 |
Mens Rea | p. 11 |
Introduction | p. 11 |
General versus specific intent | p. 12 |
Common law vs. statutory crimes | p. 13 |
Presumption of intent | p. 14 |
Different states of mind | p. 14 |
"Purposely" | p. 14 |
"Knowingly" | p. 16 |
"Recklessly" | p. 19 |
"Negligently" | p. 20 |
Strict liability | p. 21 |
Vicarious liability | p. 24 |
Mistakes of fact or law | p. 26 |
Quiz Yourself on Mens Rea | p. 33 |
Concurrence | p. 35 |
Concurrence generally | p. 35 |
Concurrence between mind and act ("temporal concurrence") | p. 35 |
Concurrence between mind and result | p. 37 |
Quiz Yourself on Concurrence | p. 40 |
Exam Tips on Actus Reas and Mens Rea | p. 41 |
Causation | |
Introduction | p. 44 |
Cause in Fact | p. 44 |
Cause in fact generally | p. 44 |
Proximate Cause Generally | p. 46 |
Proximate cause, in general | p. 46 |
No mechanical principles | p. 46 |
Proximate Cause--Unintended Victims | p. 47 |
Unintended victims generally | p. 47 |
Resulting crime is more serious | p. 48 |
Application where different property destroyed | p. 48 |
Actual victim not foreseeable | p. 49 |
Must be linked to "manner of harm" problems | p. 49 |
Defense assertable against intended victim | p. 49 |
Mistake of identity | p. 49 |
Crimes of recklessness or negligence | p. 50 |
Proximate Cause--Unintended Manner of Harm | p. 51 |
Unintended manner of harm generally | p. 51 |
Direct causation | p. 51 |
Intervening acts | p. 53 |
Causation in felony-murder and misdemeanor-manslaughter cases | p. 60 |
Strict liability crimes | p. 61 |
Quiz Yourself on Causation (Entire Chapter) | p. 61 |
Exam Tips on Causation | p. 64 |
Responsibility | |
The Insanity Defense | p. 67 |
General purpose | p. 67 |
Tests for insanity | p. 68 |
M'Naghten "right-wrong" rule | p. 68 |
"Irresistible impulse" | p. 70 |
The Durham "product" test | p. 70 |
Model Penal Code standard | p. 70 |
The federal standard | p. 72 |
Raising and establishing the defense | p. 73 |
XYY chromosome defense | p. 77 |
Commitment following insanity acquittal | p. 77 |
Fitness to stand trial | p. 78 |
Insanity at time set for execution | p. 79 |
Quiz Yourself on the Insanity Defense | p. 79 |
Diminished Responsibility | p. 80 |
Meaning of diminished responsibility | p. 80 |
Insanity defense sometimes held to be superseding | p. 81 |
Specific applications | p. 82 |
Automatism | p. 83 |
Nature of automatism defense | p. 83 |
Defense sometimes superseded by insanity | p. 83 |
Generally allowed in America | p. 83 |
Intoxication | p. 84 |
The problem generally | p. 84 |
Voluntary intoxication | p. 84 |
Involuntary intoxication | p. 89 |
Alcoholism and narcotics addiction | p. 91 |
Quiz Yourself on Intoxication | p. 92 |
Infancy | p. 94 |
Common-law treatment | p. 94 |
Effect of legislation | p. 94 |
Exam Tips on Responsibility | p. 95 |
Justification and Excuse | |
General Principles | p. 98 |
Justification vs. excuse | p. 98 |
Effect of mistake of fact | p. 98 |
Overlapping of defenses | p. 99 |
Duress | p. 100 |
Nature of duress | p. 100 |
Elements of the defense | p. 100 |
Rationale for defense | p. 100 |
Homicide cases | p. 100 |
Imminence of threatened harm | p. 101 |
Death or serious bodily injury | p. 101 |
Threat directed at person other than defendant | p. 101 |
Effect of mistake | p. 102 |
Defendant who voluntarily subjects himself to danger | p. 102 |
Wife coerced by husband | p. 102 |
Military orders | p. 102 |
Guilt of coercer | p. 102 |
Relation to "choice of evils" or "necessity" defense | p. 103 |
Necessity | p. 103 |
The necessity defense generally | p. 103 |
Requirements for defense | p. 104 |
Illustrative examples | p. 104 |
Homicide | p. 105 |
Economic necessity not sufficient | p. 106 |
Civil disobedience | p. 106 |
Prevention of "possible future harm" not sufficient | p. 106 |
Self-Defense | p. 107 |
Self-defense generally | p. 107 |
Requirements | p. 107 |
What constitutes unlawful force | p. 107 |
Degree of force | p. 108 |
Deadly force | p. 108 |
Imminence of harm | p. 109 |
Aggressor may not defend himself | p. 110 |
Retreat | p. 112 |
Effect of mistake | p. 113 |
Battered women and self-defense | p. 115 |
Resisting arrest | p. 118 |
Injury to third person | p. 119 |
"Imperfect" self-defense | p. 120 |
Burden of proof | p. 120 |
Defense of Others | p. 121 |
Right to defend others in general | p. 121 |
Relation between defendant and aided person | p. 121 |
Requirements for defense | p. 121 |
Retreat | p. 121 |
Mistake as to who is aggressor | p. 122 |
Defense of Property | p. 123 |
Right to defend property generally | p. 123 |
Deadly force not generally allowed | p. 123 |
Use of mechanical devices | p. 124 |
Recapture of chattel and of re-entry on land | p. 125 |
Prevention of Escape & Crime | p. 125 |
Law Enforcement privilege generally | p. 125 |
Arrest | p. 126 |
Prevention of escape | p. 129 |
Crime prevention | p. 129 |
Maintaining Authority | p. 130 |
Right to maintain authority generally | p. 130 |
Parents of minor | p. 130 |
School teacher | p. 131 |
Consent | p. 131 |
Effect of consent by victim | p. 131 |
Incapacity to consent | p. 132 |
Contributory negligence of victim | p. 132 |
Guilt of victim | p. 132 |
Condonation and compromise | p. 132 |
Entrapment | p. 133 |
Entrapment generally | p. 133 |
Evidence | p. 134 |
Distinguish from "missing element" cases | p. 134 |
Quiz Yourself on Justification and Excuse (Entire Chapter) | p. 135 |
Exam Tips on Justification and Excuse | p. 141 |
Attempt | |
Introduction | p. 146 |
Concept of attempt generally | p. 146 |
Mental State | p. 148 |
Intent usually required | p. 148 |
The Act--Attempt vs. "Mere Preparation" | p. 150 |
Attempt distinguished from mere preparation | p. 150 |
The proximity approach | p. 150 |
The "equivocality" test | p. 153 |
Model Penal Code's "substantial step" test | p. 154 |
Impossibility | p. 157 |
Nature of "impossibility" defense | p. 157 |
Factual impossibility | p. 157 |
"True legal" impossibility | p. 158 |
Mistake of fact governing legal relationship | p. 158 |
"Inherent" impossibility (inaptness and superstition) | p. 161 |
Renunciation | p. 162 |
Renunciation of criminal purpose | p. 162 |
Modern view accepts defense | p. 163 |
Voluntariness requirement | p. 164 |
Attempt-Like Crimes | p. 165 |
Inchoate crimes generally | p. 165 |
Attempt to commit attempt-like crimes | p. 165 |
Constitutional objections to attempt-like crimes | p. 166 |
Mechanics of Trial; Punishment | p. 166 |
Relation between charge and conviction | p. 166 |
Penalties | p. 167 |
Quiz Yourself on Attempt (Entire Chapter) | p. 167 |
Exam Tips on Attempt | p. 171 |
Conspiracy | |
Introduction | p. 174 |
Definition of "conspiracy" | p. 174 |
Purposes of conspiracy law | p. 174 |
Procedural advantages | p. 175 |
The Agreement | p. 175 |
"Meeting of the minds" not required | p. 175 |
Aiding and abetting | p. 176 |
Parties do not agree to commit object crime | p. 177 |
Feigned agreement | p. 177 |
Knowledge of the identity of other conspirator | p. 178 |
Mens Rea | p. 178 |
The intent requirement generally | p. 178 |
Intent to commit object crime | p. 178 |
Supplying of goods and services | p. 180 |
Differing mental states | p. 181 |
The Conspiratorial Objective | p. 182 |
Non-criminal objectives | p. 182 |
Overt act requirement | p. 183 |
Impossibility | p. 184 |
Substantive liability for crimes of other conspirators | p. 184 |
Scope: Multiple Parties | p. 185 |
Parties not in contact with each other | p. 185 |
"Wheel" conspiracies | p. 186 |
"Chain" conspiracies | p. 187 |
Organized crime | p. 187 |
Party who comes late or leaves early | p. 188 |
Duration of the Conspiracy | p. 188 |
Significance of issue | p. 188 |
Abandonment | p. 189 |
Plurality | p. 191 |
Significance of plurality requirement | p. 191 |
Wharton's Rule | p. 191 |
Statutory purpose not to punish one party | p. 193 |
Spouses and corporations | p. 194 |
Inconsistent disposition | p. 194 |
Punishment | p. 195 |
Typical penalty schemes | p. 195 |
Cumulative sentencing | p. 195 |
Quiz Yourself on Conspiracy (Entire Chapter) | p. 196 |
Exam Tips on Conspiracy | p. 201 |
Accomplice Liability and Solicitation | |
Parties to Crime | p. 205 |
Various parties | p. 205 |
Procedural effects of classification | p. 206 |
Accomplices--the Act Requirement | p. 206 |
Aiding and abetting | p. 206 |
Aid not crucial | p. 207 |
Conspiracy as meeting the act requirement | p. 208 |
Accomplices--Mental State | p. 209 |
General confusion | p. 209 |
Intentional aid | p. 209 |
Knowledge, but not intent, as to criminal result | p. 210 |
Assistance with crime of recklessness or negligence | p. 211 |
Strict liability | p. 212 |
Accomplices--Additional Crimes by Principal | p. 212 |
Results that are "natural and probable" but not intended | p. 212 |
Guilt of the Principal | p. 216 |
Principal must generally be guilty | p. 216 |
Principal without required mental state | p. 217 |
Withdrawal by the Accomplice | p. 218 |
Withdrawal as defense | p. 218 |
Other Exceptions to Accomplice Liability | p. 219 |
Victims and Other Exceptions to Accomplice Liability | p. 219 |
Defendant who could not be liable as principal | p. 219 |
Exceptions for certain classes | p. 220 |
Post-Crime Assistance | p. 221 |
Accessory after the fact | p. 221 |
Elements of the offense | p. 221 |
Misprision of felony | p. 221 |
Compounding crime | p. 222 |
Solicitation | p. 222 |
Solicitation defined | p. 222 |
No overt act required | p. 222 |
No corroboration required | p. 222 |
Mental state | p. 222 |
Solicitation of accomplice | p. 223 |
Communication not received | p. 223 |
Defenses | p. 223 |
Solicitation as an attempted crime | p. 223 |
Quiz Yourself on Accomplice Liability and Solication (Entire Chapter) | p. 224 |
Exam Tips on Accomplice Liability and Solicitation | p. 227 |
Homicide, and Other Crimes Against the Person | |
Homicide--Introduction | p. 230 |
Different grades of homicide | p. 230 |
Murder | p. 230 |
Taking of life | p. 230 |
Elements of murder | p. 232 |
Intent-to-kill murder | p. 233 |
Intent to do serious bodily injury | p. 234 |
Reckless indifference to value of human life ("depraved heart") | p. 235 |
Felony-Murder | p. 237 |
Felony-murder generally | p. 237 |
Dangerous vs. non-dangerous felonies | p. 237 |
Causal relationship | p. 238 |
Accomplice liability of co-felons | p. 241 |
"In the commission of" a felony | p. 242 |
Felony is includible in homicide | p. 243 |
Future of the felony-murder rule | p. 244 |
Degrees of Murder | p. 246 |
Degrees of murder | p. 246 |
Death Penalty | p. 246 |
First-degree murder | p. 248 |
Second-degree murder | p. 250 |
Manslaughter--Voluntary | p. 250 |
Manslaughter generally | p. 250 |
Voluntary manslaughter based on "heat of passion" | p. 250 |
Requirements for voluntary manslaughter | p. 250 |
Reasonable provocation | p. 251 |
Actual provocation | p. 254 |
Reasonable "cooling off period" | p. 254 |
Actual cooling off | p. 254 |
Killing of one other than provoker | p. 255 |
Other kinds of voluntary manslaughter | p. 255 |
Manslaughter--Involuntary | p. 257 |
Involuntary manslaughter based on criminal negligence | p. 257 |
Unlawful-act manslaughter ("misdemeanor-manslaughter") | p. 259 |
Quiz Yourself on Homicide (All Forms) | p. 261 |
Assault, Battery and Mayhem | p. 266 |
Battery | p. 266 |
Assault | p. 267 |
Mayhem | p. 268 |
Rape | p. 268 |
Definition of rape | p. 268 |
Statutory rape | p. 271 |
Kidnapping | p. 272 |
Definition of kidnapping | p. 272 |
Quiz Yourself on Non-Homicide Crimes Against the Person | p. 272 |
Exam Tips on Homicide and other Crimes | p. 274 |
Theft Crimes | |
Historical Overview | p. 283 |
Larceny was judge-made crime | p. 283 |
Larceny | p. 284 |
Definition | p. 284 |
Trespassory taking | p. 284 |
Carrying away ("asportation") | p. 289 |
Personal property of another | p. 289 |
Property of another | p. 290 |
Intent to steal | p. 291 |
Degrees of larceny | p. 294 |
Embezzlement | p. 294 |
Definition | p. 294 |
Need for embezzlement crime | p. 294 |
Conversion | p. 295 |
Property of another | p. 295 |
By one in lawful possession | p. 297 |
Fraudulent taking | p. 298 |
False Pretenses | p. 299 |
Definition | p. 399 |
False representation of present or past fact | p. 300 |
Reliance | p. 301 |
Passing of title | p. 302 |
Property of another | p. 303 |
Defendant's mental state | p. 303 |
Defenses | p. 304 |
Crimes related to false pretenses | p. 304 |
Consolidation of Theft Crimes | p. 305 |
Receiving Stolen Property | p. 306 |
Need for punishing receipt | p. 306 |
Elements of offense | p. 306 |
Burglary | p. 307 |
Common-law burglary | p. 307 |
Breaking | p. 307 |
Entry | p. 307 |
Dwelling of another | p. 308 |
Nighttime | p. 308 |
Intent to commit a felony | p. 308 |
Robbery | p. 308 |
Definition of robbery | p. 308 |
From the person or presence of owner | p. 309 |
Use of violence or intimidation | p. 309 |
Aggravated robbery | p. 309 |
Blackmail and Extortion | p. 310 |
Nature of offense | p. 310 |
Nature of threat | p. 310 |
Attempt to recover property | p. 310 |
Quiz Yourself on Theft Crimes (Entire Chapter) | p. 310 |
Exam Tips on Theft Crimes | p. 315 |
Essay Exam Questions and Answers | p. 322 |
Multistate-Style questions and Answers | p. 331 |
Tables and Indexes | p. 347 |
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